HB 480-FN – AS INTRODUCED
2009 SESSION
01/04
HOUSE BILL 480-FN
AN ACT relative to the definition of “public use” regarding eminent domain.
SPONSORS: Rep. Villeneuve, Hills 18; Rep. Wendelboe, Belk 1; Rep. Itse, Rock 9; Sen. Roberge, Dist 9
This bill clarifies the definition of “public use” for the purposes of eminent domain.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0419
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the definition of “public use” regarding eminent domain.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definition of “Public Use” Clarified. Amend RSA 162-K:2, IX-a to read as follows:
IX-a. “Public use’‘ means:
(a)(1) The possession, occupation, [and] or enjoyment of real property by the general public or governmental entities;
(2) The [acquisition of any interest in real property necessary to the function of a public or private utility or common carrier either through deed of sale or lease] use of the land for the creation or functioning of public utilities; and
(3) The acquisition of real property to [remove] cure a concrete harmful effect of the current use of the real property including the removal of structures beyond repair, public nuisances, structures unfit for human habitation or use, and the acquisition of abandoned property when such structures or property constitute a menace to health and safety[; and
(4) Private use that occupies an incidental area within a public use; provided, that no real property shall be condemned solely for the purpose of facilitating such incidental private use].
(b) Except as provided in subparagraphs (a)(2) and [(4)] (3) of this paragraph, public use shall not include the public benefits resulting from private economic development and private commercial enterprise, including increased tax revenues, general economic health, and increased employment opportunities. No part of a person’s property shall be taken by eminent domain and transferred, directly or indirectly, to another person if the taking is for the purpose of private development or other private use of the property.
2 Definition of “Public Use” Clarified. RSA 203:3, XIV is repealed and reenacted to read as follows:
XIV. “Public use” means that term as defined in RSA 162-K:2, IX-a.
3 New Section; Private Property. Amend RSA 203 by inserting after section 3 the following new section:
203:3-a Private Property. No real property shall be condemned and taken by eminent domain for any reason unless the taking is for public use. When such taking fails to result in a public use, or a real and substantial progress toward such use, within 5 years from the date of the taking, then the property shall revert to the private owner, or the appropriate heirs, devisees, or assigns of such owner, from whom it was taking if such person or entity within 180 calendar days of such reversion pays to the public body the same price the public body originally paid such owner, and no more as no interest, taxes, or other charges or costs shall apply. If the owner does not timely remit such payment, the public body in possession of the property shall possess and maintain such property for at least 5 additional years for any public use, including to transfer the property by sale or otherwise to any other public body for public use. After 5 years, any public body may dispose of the property in accord with the applicable law pertaining to that public body and its property.
4 “Public Use” Defined. RSA 205:3-b is repealed and reenacted to read as follows:
205:3-b “Public Use” Defined. “Public use” means that term as defined in RSA 162-K:2, IX-a.
5 Definition of “Public Use.” RSA 498-A:2, VII is repealed and reenacted to read as follows:
VII. “Public use” means that term as defined in RSA 162-K:2, IX-a.
6 New Section; Power to Take Property Limited. Amend RSA 498-A by inserting after section 2 the following new section:
498-A:2-a Power to Take Property Limited. No part of any property shall be taken by eminent domain and transferred, directly or indirectly, unless the taking is for public use, as the term “public use” is defined in RSA 162-K:2, IX-a.
7 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0419
01/16/09
HB 480-FN - FISCAL NOTE
AN ACT relative to the definition of “public use” regarding eminent domain.
FISCAL IMPACT:
The Department of Transportation states this bill may have an indeterminable impact on state highway fund revenue in FY 2010 and each year thereafter. This bill will have no fiscal impact on state, county, and local expenditures, or county and local revenue.
METHODOLOGY:
The Department of Transportation (DOT) states this bill requires them to return property not used for the proposed project within 5 years of the original taking if the property owner pays the Department the purchase price DOT originally paid. The Department states they are unable to determine the fiscal impact resulting from this bill due to the uncertainty of the number of properties that will be acquired by eminent domain for transportation purposes in the future. In addition, project schedules vary based on the availability of funds and complications that occur during the design and project approval process. Therefore it is unknown how many properties would be under DOT ownership for over five years.
The New Hampshire Municipal Association states they are unable to identify any fiscal impact at this time.
The Department of Revenue Administration states this bill will have no fiscal impact on their Department.